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Case Results

Not Guilty Verdict in Domestic Battery Case Despite an Uncooperative Alleged Victim

The Situation

A woman was accused of battering her boyfriend. Although the boyfriend did not cooperate with the prosecution, the State elected to continue the case through other evidence and witnesses.

The Legal Challenge and Strategy

Attorney Nicholson used testimony from other witnesses to establish that the boyfriend had a history of domestic abuse against the client and was known to initiate fights. That evidence supported the defense position that the State could not reliably prove the client committed domestic battery.

The Result

The jury found the client not guilty.

Why It Matters

The verdict demonstrates that a prosecution can still be challenged when the complaining witness does not participate. Developing the relationship history through other witnesses supplied the context the jury needed.

Practice area(s): Criminal Defense, Domestic Violence

Mark Nicholson

Mark Nicholson

Why is Indiana criminal defense and personal injury attorney Mark Nicholson called the Battery Man? Because his first criminal jury trial was a battery case. The case was called the Big Buford Battery case. They charged his client with throwing a big Buford sandwich at the manager through the drive-thru window. Then, his client went through the drive-thru window and allegedly battered the manager. It was all captured on video.  The verdict: Not Guilty! His first personal injury case was a car accident. He views car accidents as a form of battery. One car hitting (battering) another, although generally unintentional.

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